SUCCESSION AND INHERITANCE LAWS IN SPAIN
Index Forced heirs under Spanish law Spanish inheritance rules for EU expatriates Importance of having a Spanish will if you own assets in Spain Legal situation: Spanish will, foreign will, or no will If the deceased left a will If the deceased did not leave a valid will Concept of residence and domicile Acceptance of […]
WILLS
Index Is it necessary to make a will? International will or a will for assets in Spain: which is better? Drafting a will in Spain Requirements to draft a will in Spain The most common types of wills in Spain Who should I appoint as executor in my will? Executors: choosing the right one How […]
NATIONAL WILLS OR INTERNATIONAL WILLS?
Index International Wills Planning an inheritance with assets abroad Succession laws in foreign countries Legal formalities for transferring assets Tax implications Why we do not recommend an international will European Union Regulation 650/2012 of 4 July 2012 What happens if a Spaniard dies while resident abroad? And in the case of a foreigner resident in […]
DIVORCE BETWEEN FOREIGN NATIONALS
The foreign spouses reside in Spain, but they were married in Colombia and wish to divorce. Are the Spanish courts competent to hear the divorce petition? Or can they file the petition directly using the “full marriage certificate” from Colombia? To determine international judicial competence, reference must be made to the Brussels II Bis Regulation […]
JURISDICTION IN A DIVORCE BETWEEN A SPANISH AND AN ECUADORIAN NATIONAL
Is it possible to file a contentious divorce in Spain between an Ecuadorian couple? The wife has been living in Spain for five years, and the husband resides in Ecuador. They have no children or joint property, were married in Ecuador, but shortly afterward she moved to Spain, and they have never lived together in […]
DIVORCE BETWEEN SPANISH NATIONALS RESIDING IN NORWAY
A Spanish couple married in Spain and with children moved to Norway two years ago for work reasons. Is it possible to file for a divorce by mutual agreement in Spain, which was also their last residence after the marriage, taking into account Article 107 of the Civil Code? According to Article 107 of the […]
JURISDICTION IN DIVORCE CASES BETWEEN FOREIGNERS
Applicable law in a divorce between two Bulgarian nationals with children The applicable law is Council Regulation (EU) No 1259/2010, of 20 December 2010, which establishes enhanced cooperation in the field of the law applicable to divorce and legal separation. According to Article 8 of this Regulation, in the absence of a choice by the […]
DIVORCE FOR FOREIGNERS IN SPAIN WITH DUAL NATIONALITY
A mutual consent divorce between two spouses with dual French and Venezuelan nationality, residing in Spain and married in Venezuela. Does Spanish law apply to the divorce or foreign law? When filing the petition, should they be listed as nationals of France or Venezuela? A divorce can be processed in Spain in the competent court […]
RECOGNITION IN SPAIN OF A DIVORCE JUDGMENT FROM SWITZERLAND
To have a divorce judgment issued in Switzerland recognized in Spain, is it correct to use the Exequatur procedure? This situation does not allow the application of the automatic recognition system established by the European Union Private International Law, since the judgment comes from a court of a third country. Therefore, it is necessary to […]
JUDICIAL JURISDICTION IN DIVORCE CASES
In which country should a divorce petition be filed if the marriage and the last marital residence were in Spain, and the husband currently resides in the Dominican Republic while the wife remains in Spain? Article 22 quater(c) grants jurisdiction to the Spanish courts in matters relating to personal and property relations between spouses, marital […]
